TERMS & CONDITIONS – SPOT PARK, INC.
1. The Basics.
- By registering for or using the Services in any manner, you are agreeing to the Terms and all other rules and policies in effect as of the date of use.
- The Terms apply to all Users of the Services, no matter how accessed.
- For the purposes of these Terms, any parking space listed through the Services will be referred to as a “Spot,” any individual or entity listing a Spot will be referred to as an “Owner,” any individual or entity renting or potentially renting a Spot will be referred to as a “Renter,” (and collectively, “Users”) and the time period during which a Spot is rented will be referred to as a “Reservation.”
2. Eligibility. You represent and warrant that you are at least old enough to legally drive in your state. Otherwise, you’re not permitted to use the Service. We reserve the right to refuse to offer the Services to any person or entity and change eligibility criteria anytime. You are responsible for complying with all laws in the state or states in which you use the Services. The Services are offered for your use only and not for any third-parties. If you are an Owner, you further represent and warrant that you have the legal right and authority to list, rent, and receive rental income for any parking space listed through the Services. If you are a Renter, you further represent and warrant that you have a valid driver’s license, that you have the right and authority to drive any vehicle you identify through the Service, and that you are covered by automobile collision and comprehensive insurance of a reasonable amount.
3. Registration. To use the Services, you will need to register your “Account”. When you set up an Account, you must provide accurate and complete information, and you are required to keep your Account information updated. You are not permitted to do any of the following: (i) submit the information of another person with the intent to impersonate that person; (ii) use another person’s Account or registration information; (iii) publish, distribute or otherwise disclose the log-in information for your Account. You agree to notify us immediately of any breach of security or unauthorized use of your Account. You may delete your Account by contacting us or through the Account settings.
4. How SPOT Works.
It’s quite simple to solve your short-term parking needs.
|List & describe your Spot accurately; do not include any misleading information||Peruse the website or use our mobile app to locate a Spot|
|Set the date, time, length of rental and payment terms||Select a Spot|
|Set your rental price||Contact the Owner|
|Send a text message/email to renter confirming the rental||Acknowledge acceptance of the rental terms|
|Accept payment.||Pay the parking Owner via the Services|
|Pay us a % commission||Enjoy your Spot – and only use it for the requested Reservation time|
|Provide online feedback||Provide online feedback|
|You are responsible for all taxes associated with any payment made to you||If use taxes apply to you, you are responsible.|
- You may not discriminate against Renters on the basis of race, color, religion, creed, sexual orientation, disability, age, or national origin, or any other protected classification recognized in your jurisdiction.
- You must describe your SPOT and everything in the immediate vicinity carefully and accurately to avoid vehicle and property damage. Failing to do so could be considered negligence and may expose you to liability.
- While available, you must maintain your SPOTs free of debris, ice, snow, water, or any other material of any kind that may render the SPOT unsafe to enter, exit, or otherwise navigate.
- You may not seek to adjust the terms after a transaction has been entered into.
- You may not lie about anything related to the Services or SPOT.
- You may not cause any damage to the Renter’s vehicle and you agree that you are solely responsible for any damage you do cause.
- You authorize us to have any Renter who has stayed beyond their Reservation time towed at their own expense, and you agree that we may also, at our discretion, institute a fee to be charged to any Renter who has stayed beyond their Reservation time.
- You must keep your Account, contact information, and SPOT details and availability updated at all times.
- Your Account will be subject to termination if these Terms are violated.
- You may not cause any damage to the Owner’s Spot or other property, and you agree that you are solely responsible for any damage you do cause.
- You must comply with the Reservation time period and parking guidelines set by the Owner.
- You recognize that if you stay in any Spot beyond the Reservation time or do not comply with the parking guidelines set by the Owner, you may be subject, at our discretion, to additional fees and/or towing at your own expense.
- You must keep your Account, contact, payment, and vehicle information current at all times.
- You may not not lie about anything related to the Services.
- Your Account will be subject to termination if these Terms are violated.
6. Basic Descriptions of the Services.
- Content. “Content” means Spot photos and information, location information, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. Content may posted by us, third-parties, you or other Users.
- Notices and Restrictions. You agree that you will maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services for Content provided by us, our partners or Users.
- Licenses We Grant to You. Subject to the Terms, we grant each User of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally or on a device) Content solely for personal purposes. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from us or from the copyright holder identified in such Content’s copyright notice. You agree that you may not sell, license, rent, reverse engineer, decompile, or otherwise use or exploit any Service, the Site, or any Content for commercial use or in any other non-personal way.
- Your Licenses to Us and Others. By submitting User Content through the Services, you grant us a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors’ and assigns’) businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, APIs, third-party websites and feeds). You also grant each User of the Site and/or the Services a non-exclusive license to access your User Content through the Site and/or the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content. These license grants to us and our Users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
- No Guarantees. We are not responsible for anything any User posts on the Site. We reserve the right to (i) remove, edit or modify any Content whenever we want without notice to you for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated the Terms), or for no reason at all and (ii) to remove or block any Content from the Services. We have no control over the truth or accuracy of User Content made available on the Site.
7. Rules of Conduct.
- You, and you alone, are responsible for all of your activity in connection with the Services. While we provide a means of communicating between the Users, we do not mediate or moderate that contact. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms.
- You shall not (and shall not permit any third-party to) take any action or upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
- Infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;
- You know is false, misleading, misrepresentative, untruthful or inaccurate;
- Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other info of ours or of any third-party;
- Impersonates any person or entity, including any of our employees or representatives;
- Stalks, harasses or otherwise annoys any other User;
- Collects or stores information about any other User other than for the purposes of completing a transaction through the Services;
- Offers any parking space to which you do not have exclusive legal rights;
- Includes anyone’s identification documents or sensitive financial information; or
- Encourages or assists a third-party to engage in any of the foregoing.
- You shall not:
- Take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure;
- Interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
- Bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
- Run any form of auto-responder or “spam” on the Services;
- Use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
- Harvest or scrape any Content from the Services;
- Otherwise take any action in violation of our guidelines and policies; or
- Encourage or assist a third-party to engage in any of the foregoing.
- You shall not (directly or indirectly):
- Decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application);
- Modify, translate, or otherwise create derivative works of any part of the Services; or
- Copy, rent, lease, distribute, or otherwise transfer any of the rights that you
- You shall abide by all applicable local, state, national and international laws and regulations.
- We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights,
property or safety of us, our Users and the public.
8. Third-Party Services. The Services may permit you to link to and otherwise interact with third-party resources on the Internet, and you agree that you do so at your own risk. The Service may allow you to post location data or other content to these third-party services. You acknowledge and agree that we do not control those third-parties and that we are therefore not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such services. Any such use does not imply our endorsement or any association between us and the third-party services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such third-party.
9. User Disputes. We are not responsible for your interactions with other Owners or Renters. We reserve the right, but have no obligation, to act as intermediary in the event of any dispute, and you acknowledge and agree that we will incur no liability simply by virtue of acting as such an intermediary.
10. Refund Policy. You may receive a full refund for a transaction for any reason by canceling the Reservation in in accord with the following schedule:
- For monthly rentals: At least 168 hours (7 days) in advance of Reservation;
- For weekly rentals: At least 48 hours (2 day) in advance of Reservation; and
- For daily or hourly rentals: At least 24 hours (1 day) in advance of Reservation.
Reservations may be canceled by email at [email protected], or within the Service, as available. If you need to cancel a Reservation less than 24 hours prior to its start time, you may reach out to us via email, and each matter will be evaluated on a case-by-case basis in our sole discretion and we cannot guarantee any refund of any kind. Any Reservations made less than 24 hours prior to the Reservation start time are non-refundable.
11. Reporting Misconduct. We encourage you to leave detailed and honest feedback for Owners, Renters, and Spots. In the event that anything inappropriate, offensive, disturbing or potentially criminal occurs, you agree to immediately report this and the responsible party to the local police. We request that, in any incident in which police are contacted, that you forward us the name of the police station, the police report number, the date and time of the incident, the names of the parties involved, and any other facts at [email protected] We request this information for the purpose of evaluating the Services and the individual parties and Spots involved, but receiving a report does not obligate us to take legal action or constitute an agreement in incur any liability or undertake any action.
12. Termination. We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by contacting us or through the Account settings. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Warranty Disclaimer; Release from Liability.
- You acknowledge and agree that we provide a platform for undertaking parking rental transactions, and that we have no individual control over Users or Spots, we cannot independently verify the identity, veracity, background, or other details of Users or Spots, and that we therefore make no claim or warranty for any Spot, any User, or any User Content. We also do not guarantee that the Service will be performed error-free or uninterrupted, or that we will correct all errors. You acknowledge that we do not control the transfer of data over communications facilities, including the internet, and that the Service may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. We are not responsible for any delays, delivery failures, or other damage resulting from such problems. To the extent permitted by law, the Services are provided As Is and we disclaim all warranties of any kind and there are no other express or implied warranties or conditions including for hardware, systems, networks, or environments or for merchantability, satisfactory quality, or fitness for a particular purpose.
- You further waive, release, and hold us (plus our officers, directors, shareholders, employee, agents and assigns) harmless from any and all liability or every type arising out of the Terms or your use of the Service, except liability arising out of our own gross negligence or willful misconduct. In any event, to the maximum extent permitted by law, the we will not be liable for any direct, special, incidental, indirect, punitive, consequential or other damages arising out of this Agreement. Any damages will be limited to actual damages based on reasonable reliance. The foregoing does not limit the liability of Users to each other arising out of transactions or interactions.
- Finally, you acknowledge and agree that we will not be liable for any damage directly or indirectly arising out of your listing, rental, or use of a Spot, including without limitation, any damage to personal property, including a vehicle, or physical injury, except that damage arising out of our own gross negligence or willful misconduct.
14. Indemnity. You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of the Terms, or infringement by you, or any third-party using your account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. These indemnification terms apply to any tax liability.
15. Amendments, Supplements and Modifications. We reserve the right, in our sole discretion, to amend, supplement or otherwise modify or replace any of the Terms, or change, suspend, or discontinue the Services at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate
means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. It’s also your responsibility to check the Terms periodically for changes. Your continued use of the Services following notice of any constitutes acceptance of the then-current Terms.
16. Miscellaneous Legal Provisions.
- Governing Law and Jurisdiction. These Terms and actions taken thereunder shall be governed by, and construed in accordance with, the laws of the Commonwealth of Massachusetts, applied without regard to conflict of law principles.
- Entire Agreement and Severability. The Terms constitute the entire agreement between you and us with respect to the Services, including use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. In other words, if the law says that the Terms can’t be enforced in any way, they will be interpreted to the fullest extent possible within the bounds of the law.
- Force Majeure. By using the Site and the Service, you agree that we will not be liable to you for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
- Assignment. The Terms are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
- Agency. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and neither you nor us has any authority of any kind to bind the other in any respect.
- Notices. Unless otherwise specified in these Term of Service, all notices under the Terms are required to be made in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices from you to us must be sent to [[email protected]].
- No Waiver. Any waiver of the Terms is limited solely to the specific circumstances in which it is given, and no such waiver will be deemed to be a waiver of any other action or provision of the Terms, nor will any such waiver be considered a “course of dealing” between us. All waivers must be in writing through one of our authorized representatives. If either party fails to exercise any rights it may have under the Terms, this is not deemed a waiver of any further rights hereunder.
- Headings. Any headings in the Terms don’t have any legal meaning – they are solely just for convenience.
- Compliance with Law. We take legal inquiries seriously and we will cooperate with local, state, federal and international governmental authorities to enforce and comply with the law. At our sole discretion, we will disclose any information necessary to comply with the law, respond to claims, and participate in the legal process (including subpoenas) to stop or prevent illegal, unethical or objectionable activity, protect public safety, or protect the property and rights of the Company.
- Contact. You may contact us at the following address: SPOT Park, Inc. – PO Box 1164, Saugus, MA 01906.
Effective Date of Terms of Service: March 26th, 2015